london, 11 may 2010 - alfi.lu · london, 11 may 2010 listening to investors ... bahamas, 3%...
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London, 11 May 2010
London, 11 May 2010
Listening to investors
Luxembourg – The future opportunities & challenges for alternative investment funds
Moderator: Michael Ferguson, Partner, Ernst & YoungGeorges Bock, Partner, KPMG
Noel Fessey, Managing Director, Schroder Investment Management Benjamin Lam, Partner, Deloitte
Jérôme Wigny, Partner, Elvinger Hoss & Prussen
Luxembourg –The European Hub For Alternative Investment Funds
“Setting the scene”
Overview of the market Service providers Regulatory developments Re-domiciliation Taxation developments Why Luxembourg for Alternative Investment Funds? Q & A
Real Estate Hedge Funds Newcits Private Equity
3
Overview of the market The SIF Success Story
Strong growth under the SIF Law since February 2007
SIF Law 13 Feb 2007
Source: CSSFAnnual Monthly
4
SIF Umbrella structure
Sub-fund 1
Single hedge fund
or FoHF
Sub-fund 2
Real estate fund
orFoREIF
Sub-fund 3
Venture capital
orprivate equity
orFoPE/VCF
Sub-fund 4
Long onlystrategy
(plain vanilla UCITS-like
fund)or FoF
Sub-fund 5
Dedicated to
1 HNWIor family office
or to 1 institutional
investorPension fundInsurance companyRe-insurance companyEtc.
Sub-fund 6
Thematic funds
(socially responsibleinvestments,microfinance,
clean tech, natural
ressources, transport, energy …)
Sub-fund 7
Exoticassets(luxury
goods, art, fine wine,
….)
Overview of the market The fund product – The SIF – flexible and versatile
Master-feeder structures Pooling Listing
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The leading European regulated private equity centre Over 300 private equity funds Over US$ 40 billion of private equity fund assets administered in Luxembourg Growth of 850% over last 5 years Leading private equity service providers present in Luxembourg Leading global private equity managers operating in Luxembourg
Overview of the market Luxembourg – a growing European hub for private equity (1)
US$ 40 billion in assets Over 300 funds
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3i American Capital Apax Partners Bain Capital BC Partners Carlyle Group Cinven CVC Fortress Goldman Sachs Investcorp
JP Morgan KKR Kredietanstanlt für Wiederaufbau
(KfW) Lazard LGT Capital Partners Oaktree Capital Permira Unicapital Warburg Pincus
Global private equity houses using Luxembourg as a center of excellence
Overview of the market Luxembourg – a growing European hub for private equity (2)
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The leading European regulated real estate center Over 130 real estate investment funds Over US$ 30 billion of real estate investment fund assets administered in
Luxembourg Growth of 500% over last 5 years Leading real estate service providers present in Luxembourg Leading global real estate managers operating in Luxembourg
Overview of the market Luxembourg – a leading European hub for real estate (1)
US$ 30 billion in assets Over 130 funds
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Aberdeen AMB Capital Aviva BlackRock BNP Paribas CBRE Investors Deutsche Bank Fidelity Franklin Templeton Heitman
Henderson Global InvestorsHinesINGJPMorganLaSalleMorgan StanleyPramericaPrologisSchrodersTishman SpeyerUBS
Global real estate managers using
Luxembourg as a center of excellence
Overview of the market Luxembourg – a leading European hub for real estate (2)
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The leading European regulated hedge funds center Over 2,000 hedge funds and funds of hedge funds Over US$ 190 billion of hedge fund assets administered in Luxembourg Growth of 182% between June 2005 and June 2008 Leading hedge fund service providers present in Luxembourg Leading global hedge fund managers operating in Luxembourg
Overview of the market Luxembourg – a leading European hub for “regulated” hedge funds (1)
US$ 190 billion in assets Over 2,000 funds
Aberdeen Asset ManagersAlliance BernsteinBlackRockBlueBay Asset ManagementCrédit AgricoleCrédit SuisseDeutsche BankFidelityGLGGoldman SachsHSBC
ING InvescoJP Morgan LCF RothschildLyxorMANMorgan StanleyPermalPioneer InvestmentsTranstrendUBS
Global hedge fund managers using
Luxembourg as a center of excellence
Overview of the market Luxembourg – a leading European hub for “regulated” hedge funds (2)
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260
370
450
560
670
0
100
200
300
400
500
600
700
2005 2006 2007 2008 2009
Number of Newcits
+ 260 %
Overview of the market Overview of Pan-European Newcits Market (1)
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Growth of 260% over last 4 years
Estimated AuM in Newcits of US$ 47 bn
Projected growth in AuM of Newcits over next 5 years US$ 170 bn
Current Luxembourg market share + 42%
Overview of the market Overview of Pan-European Newcits Market (2)
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Source: Luxembourg Financial Group
Multi-strategy14%
Long/Short and Equity Market
Neutral36%
Emerging Market (inc Asia)5%
Credit Fund17%
Volatility Arbitrage
5%
Convertible Arbitrage1%
Event Driven1%
Global Macro5%
Currency7%
Managed Futures / CTA
5%
Commodities4%
HF UCITS by strategy, April 2010
Overview of the market Overview of Pan-European Newcits Market (3)
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Service providers
Third party administrators?
Custodian/PB?
Other ?
Leading service providers present
Specialization Breath and depth of services
offered Multi-cross-border
distribution/placement support
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Regulator and regulatory developments
The Regulator
1. What is new?2. Future Developments?
Alternative Investment Fund Managers (AIFM) Directive: How is Luxembourg positioned?ScopePassportsDepositaryValuatorDelegationOrganizational requirementsSpecific provisionsThird country
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Re-domiciliation (1)Drivers for re-domiciliation
G20 discussions
Prohibition on investors investing in the so-called “offshore tax haven funds”
Increasing pressure by home country regulators
Accounting standards e.g., Fin 48
AIFM Directive
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Re-domicilation (2)Re-domiciliation of funds (incl. UCITS) from end 2007 to end 2009
Luxembourg, 31%
Hong Kong, 17%
Cayman Islands, 11%
Guernsey, 8%
Ireland, 6%
Jersey, 6%
UK, 6%
BVI, 3%
Channel Islands, 3%
France, 3%
Malaysia, 3%Mauritius, 3%
Delaware, 3%
Countries of origin Target countries
Cayman Islands, 50%
BVI, 8%
Guernsey, 8%
Bermuda, 6%
Ireland, 6%
Luxembourg, 6%
Bahamas, 3%Germany, 3%
Jersey, 3%
Mauritius, 3%Netherlands, 3% UK, 3%
Over 30% of re-domiciliations of funds between 2007-2009 were to Luxembourg
Source : Lipper18
Taxation developments (1)
Extension of withholding tax exemptions to all DTT countries
Extension of DTT network
Compliant with OECD cooperation requirements
Nominal increase of minimum income tax
Increase of corporate income tax from 21,84% to 22,05%
BUT: Participation exemption untouched
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Double Tax Treaties / Exchange of Information Clause Currently 57 double tax treaties in force Treaties entered into force (1.1.2010)
– Azerbaijan, Georgia, India, Moldova, United Arab Emirates 20 tax treaties pending
– approved: Qatar (will enter into force on 1.1.2011)– approved: Argentina (air traffic), Armenia, Bahrain, Liechtenstein, Monaco, Ukraine– signed (in 2009): Albania, Barbados, Kazakhstan, Kuwait – initialed: Cyprus, Kirghizstan, Macedonia– negotiations: Lebanon, Pakistan, Panama, Serbia & Montenegro, Syria, UK
(renegotiation) Additional protocols to existing treaties (exchange of info):
– Austria, Belgium, Denmark, Finland, France, Germany, Iceland, Japan, Mexico, Netherlands, Norway, Spain, Switzerland, Turkey, UK, US, (+ treaties with EOI: Armenia, Bahrain, Barbados, India [most-favored nation treatment], Liechtenstein, Monaco, Qatar, San Marino)
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Taxation developments (2)
Key international developments
EU savings directive – flow through for non EU corporations
FATCA regulation
AIFM-directive reference to OECD Art-26 (5)
Luxembourg unique possibility for all-in solution in one legislation
Combination of regulatory framework and structuring flexibilities
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Taxation developments (3)
SIF SICAR
Income tax Tax exempt Tax exemption for income derived from transferable securities. Tax exemption for one year for income on cash held for the purpose of a future investment. The remaining income is subject to the ordinary income tax of 28,59 % (Municipal Business Tax + Corporate Income Tax ‐Luxembourg city 2010).
Withholding tax on dividends & capital gains
Not subject to withholding tax except if EU savings directive applies.
Not subject to withholding tax except if EU savings
directive applies.
Subscription tax • Annually 0.01% of NAV.
• Tax exemption possible for certain money market and pension funds or SIFs investing in other funds already subject to subscription tax.
No subscription tax.
Net wealth tax Tax exempt Tax exempt
Capital duty No proportional capital duty No proportional capital duty
Value Added tax (VAT) Tax exemption on management services. Tax exemption on management services.
Double Taxation Treaties (DTT)
FCP
No access to DTT signed by Luxembourg; exception Ireland.
SICAV/SICAF
Limited to some DTTs.
Applicability of DTTs is determined by a decision taken by the Luxembourg fiscal authorities, but without practical experience on the exact classification that may be adopted by the other
t i
SICAR in the form of a corporate entity (all types except
the SCS) should benefit from the Luxembourg double
tax treaty network.
Why Luxembourg for Alternative Investment Funds? (1)
Long established financial center of first class reputation
A world renowned “Quality Brand”
Legal structures catering for all segments of the alternative investment funds
industry
Fastest growing alternative investment fund sector in the world
Deep levels of expertise in all aspects of fund creation, administration and
distribution
A highly qualified multi-lingual workforce
Highly respected regulator, and efficient supervision
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Enhanced trend of conversion from offshore centers from Luxembourg
Access to worldwide distribution
Attractive tax regime
Presence of global asset managers
Expertise and know-how
Commitment to excellence and reliability
Stable jurisdiction, predictable planning and long-term investment decisions
Why Luxembourg for Alternative Investment Funds? (2)
High conversion into Luxembourg
Access to worldwide distribution
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Q & A
We are pleased to take your questions…
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